Value·Nature·Effect

Company registration means the legal mechanism according to which the registration agency registers the statutory items on the registry book on the application of the registration applicant after strict examination.It directly concerns the confirmation of the company which is the most active principal part of the market in the modern times. And it is very important for the cognizance of the capacity, the safeguard of the market transaction order and safety, the offerings of the economic information and the guarantee of necessary manage to the company. The legislative value , nature and effect is the most basis and nucleus problems in the company registration law. However, the study on it is insufficient. The present research is only limited within the sphere of simple general description and repetitive, lacking in depth, breadth and systematism. The relative lag in the legislation intention and the went short of the academic research result in many confusion and chaos in the company registration practice and relative judicial practice. In order to clear the status and make up the company registration law which is fit for the internal rule of the market economy, it is necessary to exact orientation the nature and effect of the company registration from the headstream. Based upon systematic research , adopting the comparative research method ,this thesis intends to expound the legislative value , nature and effect of the company registration from full-scale.The Introduction introduces the conception and aim of the company registration. Based upon the looking back on the developing history ofcompany registration, this thesis sees clearly the difference and relation between the company registration and traditional commercial registration. The company registration has been gradually divorced from the commercial registration. According to different criteria, the company registration can be classified in many ways, the most important of which is the classification among registration of incorporation, modification and cancellation.Part 1 studies the legislative value orientation of company registration. There is the justice, freedom, safety and efficiency as the basic value of law. According to the specialty of company registration legislation, the legislative value orientation of company registration should be safety and efficiency. The two aims often contradict each other and need coordination. In the choice of the two aims, our country should regard the safety, but pay more attention to the efficiency.Part 2 analyses the nature the company registration. And this analysis aims at the behavior of the company registration. Firstly, company registration is administrative behavior. Secondly it is administrative acknowledgement behavior. It can insure the right of the party. At last, it is public service behavior which is offered by the government. This determine the nature accords with the development of the modern administration and has deep significance.Part 3 conducts comparative analysis and research on the effect of company registration. It analyses several legislation modes in the world: ,element, antagonism and eclecticism. This thesis considers the eclecticism is more suitable as it balances the safety and efficiency. Company registration holds testify, proving and confront as it own general effects. In order to explain the special effects of the company registration, this thesis discusses the company instauration...